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Since the late 1970s, US employers have increasingly drawn upon legal temporary labor under the H-2 visa to address their labor needs in low-waged sectors. Ever since, what Clark calls migrant labor activism and conflict in the courts has similarly erupted. However, as she argues in this chapter, making “adversarial legalism” the H-2 way of law has also been a story of comparative state formation. For, the litigation largely reflects the structure of labor migration created after the demise of government-run migration. In this regard, activists wrestle with the problems created by the new role of global labor intermediaries in the recruitment process, absolute employer control over hiring and firing, and the coercion produced in the shadow of a now minimally interventionist state. Drawing upon archival research, interviews with legal professionals, and the entire case law docket in this area, this chapter puts “adversarial legalism” under the H-2 visa in its historical and political context.

This chapter deals with labour conditions and discrimination of migrant workers in Italy, with a particular focus on the agricultural sector in two Southern Italian areas: Northern Basilicata and Western Sicily. The first part of the chapter describes the history of migration to Italy and the most relevant transformations occurred over the last years, as well as an overview of the relevant legislation on migration and racial discrimination at work. The second part, on the basis of two ethnographic studies realized by the two authors, analyses the complex intertwinement of structural and symbolic violence in determining the conditions of exploitation and discrimination of migrant seasonal labourers in the two areas. The study focuses on three topics: piecework payment; the ghettoization and segregation of seasonal labourers; the system of informal and illegal labour intermediation called caporalato. It is argued that that the main source of symbolic violence is represented by the brokers called caporali, who are usually of the same nationality of the labourers. If, on a certain extent, migrant workers perceive their ghettoization, discrimination and exploitation as ‘normal’ and ‘acceptable’, this is due to the communitarian relationships built and manipulated by the caporali. On the contrary, the State and the local administrations seem to act exclusively as a source of structural violence. The national legislation on migration, as well as the lack of public policies concerning labour intermediation, transport and accommodation for seasonal labourers, appears as the main reason of the vulnerability of migrant workers in the considered areas.

This chapter presents an overview of the ‘big’ data of Mediterranean agriculture, with a special focus on the four EU countries (Portugal, Spain, Italy and Greece), in order to provide a backdrop for the rest of cases analysed in the volume. In this regard, two thesis are discussed: the assumption that farming systems in the South have not followed the process of ‘productivist modernisation’ characterising post-war Northern European agricultural change, and that, precisely due to this reason, most holdings and regions from the South would have more possibilities to adapt to new approaches of multifunctional rural development.Thus, the chapter tackles both the static and dynamic structural traits of Southern agricultures and their differences with the North, as well as several aspects of the organisation of farming in the Mediterranean and other key components of productivist modernisation: farm intensification and specialisation. Later, the diffusion of multifunctional dynamics is addressed, in order to introduce some reflections about their meaning and scope in the Mediterranean regions. The chapter ends with a straightforward typology of Southern farming systems and a concluding section, which goes back to discuss the two initial theses.

This paper posits that legal avoidance – employers’ search for forms of employment to which labor and employment laws do not apply – is an important driver of the restructuring of work. It examines three examples of restructuring that enable employers to avoid legal liability and compliance costs: the classification of workers as independent contractors; the use of part-time and variable-schedule work; and employers’ deskilling of jobs and reliance on vulnerable workers. None of these strategies is itself unlawful, but their impact is to limit workers’ legal protections and weaken the law itself. Employers may also experience unintended consequences of restructuring.

While land management can be a subject of conflict in places where the composition of landowners is socially and culturally diverse, it also holds the potential of bringing landowners together across social groups. This chapter uses the case of a peri-urban area near Copenhagen, Denmark, to examine the relations landowners have through their use and management of land within and across social groups. To elaborate the analysis and discussion of social groups, social coherence and fragmentation, this chapter introduces the concepts of homophily and self-categorisation. Interviews with 40 landowners from two parishes addressed four types of land-based relations: (1) exchange of help and services; (2) debate of farming/management; (3) shared interests and (4) friendship. While the pattern of relations overall supported the idea that people interact more with their own social group, the analysis also showed areas of interaction across groups as well. Three overall themes summarise important areas of cohesion/fragmentation: (1) Rented land and contracting, (2) Common interests between landowners including hunting, farming and horses, (3) Urgency and geographic proximity.

Which is the main characteristic of the French Mediterranean Agriculture (FMA)? The recognition of the multifunctionality of agriculture, supported by the institutions of the territorial development? Or the development of social dumping considered as a necessity by many institutions of the sector? To answer this question the analysis is based on three main sources of data: agricultural statistics, monographs and administrative reports. The results show that the structural diversity is still important in the FMA. A significant proportion of the farms have based their economic strategy on making the most of the multifunctionality of agriculture. Some have built real success stories. But this development path cannot guarantee the viability of a large range of holdings: the number of farm holdings in FMA has decreased by 27% since 2000 and 57% since 1988. Due to the specificities of the Mediterranean productions, the cost of labour is still considered as a major adjustment variable to secure farm income in the region. Many situations are reported where the situation of casual labour is concerning, in particular for migrant workers. However, the working conditions of temporary migrant workers remain invisible and the image of the multifunctional agriculture is put forward as a marketing asset by all types of actors. This image is misleading. It makes invisible, issues that are essential for the future. Thus, it generates knowledge gaps and leads to the depoliticization of debates on the development models of agriculture in masking the contradictions and the conflicts of interest that they generate.